New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-07-10
PLEADING WITH THE JURORS
FRYING To GET SHARP OFF WITH A FINE

us LAWYERS ASK THE MEN WHO FOUND HIM
GUILTY TO SIGN A PETITION TO JUDGE BARRETT
shnrps physician yesterday reported that there bad
been no material change in his condition In the ias'
twenty tour hours Sharp rose $3.50 ana LOT oreaA
g., had some clam broth. That and milk with occa'
.oual, sorne crackers about all he cas- HIS som
fn-law daughter and grandson visited him. "'s'
Gharp sticks as close to the jail a. ne does anu 10 un
remitting in her attention to him. 4,
Public interest has been diverted from onarp W 'ac
.eort. that Mr.. StioKuey is making to secure light
sentence for his client by getting the jurors who con-
cted him 10 sign petition to Judge Barrett. praying
chat SHARP be let of with fine of $4,000 because OF
his physca inirmities. Mr.. Stickney has been WORK
inc on the sympabss OF the jurors by wing them
the certificate sigoed by Drs Loomis' jacob ana
Draper stating that Sharps health s extremely preca-
v,ou. that in " eveat he Ia all probability i've
All. a few years, and that Imprisonment would
speedily cause his death.
w II Garfield who was foreman OF the sharp jury,
returned from Long Branch yesterday. he had been
staying there to recover rom 'pe epeess VI quo NO.
on his own constitution aud was, therefore, IN good
nooo TO appreciate Sharpe suierings Besides tins
he ia naturally VI a strongly sympathetic temperament
and disposed to temper justice Wig mercy. lue pun
ishment presented by the code tor Sharpe offence 10
fine of S. 900 or less ten years IN the state prnon OF
less or both fine and imprisonment up to the extreme
Limits. A.. ,.,;,;,,
that morning and DOT on tho previous night as had
been reported, and be signed It condit,ouauy tuaV
Judge Barrett grsots the pe1 tho reversal
It can be imagined that they would readily coasens 70
this. Lecause Sharp an well anord 70 spare $o.ovO,
and thew can def their assent to the sentence by
asserting that though convinced Sharp 10 nnocent, the
worry Il another trial would surely kill him aud 10
better that he should rest under the sugma OF quit
had considered the case we'll and satisfied that the
interests OF Justice would be sufficiently served If the
An, alone were imposed upon Sharp. He wished 1t
hat he AID hQaD
solely because of Sharps physical cond tion his ex.
IRENE age and the OF bis physicians men OF
unouestioned ability, that imprisonment would prove
fatal to HIM He had lot been led to sdoot this view
by the consideration urged by the de-
fence at tho time Of the trial that even II Sharp were
technically guilty there were extenuating ciroum-
stances that ought to secure him against punishment
Mr. Garfield said that he regarded bribery as one OF
the worst curses that could afct CON nunity. but
he thought the moral effect Of conviction IN Sharps
case would not be lessened by making the sentence
fine only particularly II II understood that that
concession to mercy MAS made simply because OF
Snaps age and Ill health. lie added that several
Jurors had signed the petition and he hoped that they
would all sign It.
mend after the trial ended, has gone to West
Point with his family He is under bond OF $oCooo
TO appear .or trial when summoned At the District
ATTORNEYS Office It was said that fear was elt that
Mr. Kerr would endeaSor to escape trial by following
the example of certain Aldermen Mr. Kerr is not
regarded rich man to whom the loss OF $o0,Ooo
would be but q small matter and IL is generally con-
ceded that the evidence against him is not nearly ~
strong as it was against Sharp.
Jacques Kshn who the third Juror refused to sign
the petition although Mr. Stickney labored hard with
him. " objected to the manner In which the petition
drawn he .sa 10 q bays BEEN UFs
scented to u.s. told Mr.. Stickney that thought the
sSs they brought
upon petition would sfix my signature to e. ! OBJ
jected petition because 10 would seemingly place
the Jurors who signed In the attitude Of presuming 70
iDstruci Judge Barrett As 10 what sentence he should
mat s.uso nss oeeh p nnon " b
thus making the petition Ia effect merely plea Tor
mercy when We rendered verdict would not have
objected to signing It.
Of justice fully satisfied Mr.: Sharp were punished
with fine only. In consideration Of his age and inhrn
better than we the requirements Of justice In
this case, and don't suppose that such petition; II
Barrets decision a. To what sentence should impose
It appeared that Mr. stckney, by requesting us to
sssd by ane only tacy abaudons his contention that
Mr.. sharp is Innocent When urging me TO
% %e that e Mr. ''' Sharp wa. innocent Nv reply
70 that that feared Mr. sharp lad not conaded In
any case the time had gone by discussing that matter
Personally deeply sympathi1e with Mr.. sharp be-
ihize with his family but Judge Barrett knows better
han what weight such considerations should have In
nIing the punishment told Mr.. Stokney also. that II
'uch petition to be presented to Judge Barrett 1t
would be only fair to first hear What the
ney might have say about such proceeding"
David Clarkson who occupied the eighth seat In the
Jury box has declined to sign the petition and will re
luse to sign any petition.
To use phrase we hsard repeatedly In court" he
Iaid. "such proceeding seemed 10 me entirely
Irrelevant, Incompetent and tnadmissble' What right
rave now, at this hour, 10 try 10 innuence |
Judge Barrett with respect TO the sentence he may n-
'osei We have done our duty jurors we have been
connection with the case now Is simply
more than that OF any other citizen All pleas for
eniency strikes should be made to Judge Barrett
lirect"
Theodore Ksuueld. who was the tenth Juror, |
las signed the petition 81 think he has been severely
punished already he said. land the imposition OF nne,
o my mind will be salutary and moro humane than
onsignment TO State Prison"
1t was reported last night that five jurors had |
igned the petition Aver s Marvin declined 70 |
ar stckney has yet few days left TO work upon the
ceilings OF jurors but his chances OF getting anything
Ike a unanimous Endorsement OF the petition would
eem 70 be hopeless
In legal circles Mr. Stick ueys action the subject OF
much comment. and the general conclusion reached was
hat II iladviseG. unpres dented and nndignihed
nd would help Sharp bit Sharp retired early last
light and the cooling effects OF the rain made those
bout hin. hopeful that he We aid enjoy good nights
est